HomeMy WebLinkAboutResolution 2381 Levying and assessing SID 629 for improvements: Provisional 12-02-81
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COMMISSION RESOLUTION NO. 2381
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF
TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DIS-
TRICT NO. 629 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN,
STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND
MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DIS-
TRICT NO. 629.
WHEREAS, the City Commission of the City of Bozeman, did on the 29th day of October
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1980 duly and regularly pass Commission Resolution No. 2265 entitled:
COMMISSION RESOLUTION NO. 2265
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT AN A, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, MONT ANA, TO CREATE A SPECIAL IMPROVEMENT DISTRICT
TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 629 FOR THE
PURPOSE OF CONSTRUCTION AND INSTALLATION OF A SANITARY
SEWER AND WATER MAIN AND APPURTENANCES TO SERVE THE ADJOIN-
ING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
AN EIGHT (8) INCH SANITARY SEWER LATERAL AND THE NECESSARY
APPURTENANCES IN THE UNIVERSITY SQUARE SUBDIVISION, AN
EIGHT (8) INCH AND A SIX (6) INCH WATER LATERAL ,FIRE HYDRANTS,
VALVES, AND APPURTENANCES ALL IN THE UNIVERSITY SQUARE
SUBDIVISION IN THE CITY OF BOZEMAN, MONTANA.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER
LATERALS AND WATER LATERALS SHALL INCLUDE ALL TRENCH
EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF
SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES,
WATER LINES, V AI. VES, HYDRANTS, AND OTHER NECESSARY APPURTE-
NANCES THERETO.
and thereafter, after due and legal proceedings, the Commission of the City of Bozeman did
COMMISSION RESOLUTION NO. 2282
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on the 10th day of December 1980 duly pass Commission Resolution No. 2282 entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT AN A, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE
KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 629 OF THE CITY OF
BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF
A SANITARY SEWER AND WATER MAIN AND APPURTENANCES TO SERVE
THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS
FOLLOWS: AN EIGHT (8) INCH SANITARY SEWER LATERAL AND THE
NECESSARY APPURTENANCES IN THE UNIVERSITY SQUARE SUBDIVISION,
AN EIGHT (8) INCH AN D A SIX (6) INCH WATER LATERAL ,FIRE
HYDRANTS, VALVES, AND APPURTENANCES ALL IN THE UNIVERSITY
SQUARE SUBDIVISION IN THE CITY OF BOZEMAN, MONT ANA.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER
LATERALS AND WATER LATERALS SHALL INCLUDE ALL TRENCH
EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF
SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES,
WATER LINES, VALVES, HYDRANTS, AND OTHER NECESSARY APPURTE-
NANCES THERETO.
which Commission Resolution Nos. 2265 and 2282, passed as aforesaid, are hereby referred to and
made a part of this resolution for further particulars in respect to the boundaries of said
district, the character of improvement to be constructed therein, the preliminary cost of said
improvements, based upon the amount of the bond issue, and the method of assessing the cost
WHEREAS, said improvements as contemplated in said Commission Resolution Nos.
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against the property within said district; and
2265 and 2282 have been constructed and completed in accordance with the terms and conditions
of r.ommission. Pesolution MOS. 2265 and 2282, and the preliminary cost of said improvements so
constructed based upon the amount of the bond issue, is the sum of Eight-Three Thousand and
NollOO Dollars ($83,000.00).
CQMMISSlOO RESOLUTlOO NO. '€381
083
NOW, THEREFORE, pursuant to the provisions of Section 1-12-4201 and Section
1-12-4223, and all other applicable provisions of Title 1, Montana Code Annotated, and amend-
men ts thereto:
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BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE
CITY OF BOZEMAN, STATE OF MONT ANA
Section 1. That to defray the cost and expense of constructing and making the
improvements in said Special Improvement District No. 629, there be, and there is hereby
levied and assessed a tax amounting to the sum of Eighty-Three Thousand and NollOO Dollars
(83,000.00) upon all the property in said Special Improvement District No. 629, hereby abated,
and that a particular description of each lot and parcel of land with the name of the owner and
the sum assessed against him or it for such improvements and the amount of each partial pay-
ment to be made and the day when the same shall be delinquent is set forth in detail in the
assessment list hereto attached, marked Schedule "A ", and made a part hereof; that the several
sums set opposite the names of the owners and the described lots and parcels of land be, and the
same are hereby respectively levied and assessed upon and against said said described lots and
parcels of land to defray the cost and expense of constructing and making the improvements
within said District; that the several sums so assessed be collected from the respective owners of
said lots and parcels of land described in said assessment list, Schedule 11 A, 11 as required by
law, that the payment of said sums shall be made in 20 installments and the payment of said
installment shall extend over a period of 19 years; that the payment of the respective annual
installment shall be made on or before the 30th day of November of each year until payment of
al installments, together with the interest thereon, shall be made; that said sums shall be paid
and the collection thereof shall be made in the manner and in accordance with the law governing
the collection of special improvement taxes; that failure to pay such assessments when the same
become due and payable shall make such persons and said lots and parcels of land liable to the
penalties provided by law relative to delinquent taxes.
Section 2. That the regular session of the Commission of the City of Bozeman to be
held in the Commission Room in the City Hall of said City on the 16th day of December 1981
at 1:15 o'clock p.m., be, and the same is hereby designated as the time and place at which
objections to the final adoption of this Resolution will be heard by said Commission.
Section 3. That the Clerk of the Commission of the City of Bozeman be, and she
is hereby ordered and directed to publish in the Bozeman Daily Chronicle, a daily newspaper
printed and published in the said City of Bozeman, a notice signed by the Clerk of the
Commission and stating that a Resolution levying and assessing a special assessment of taxes
to defray the cost and expense of constructing and making the improvements in the said
Special Improvement District No. 629 is on file in the office of the Clerk of the Commission sut-
ject to inspection for a period of five (5) days; that said Notice shall state the time and place
at which objections will be heard by the Commission for the final adoption of this Resolution;
that it shall be published at least five (5) davs before the day set by the Commission for the
hearing of objections and the final adoption of this Resolution.
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COMMISSION RESOLUTION NO. 2381
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Provisionally passed and adopted by the Commission of the City of Bozeman at a regu-
lar session thereof held on the 2nd day of December 1981.
MAYOR
ATTEST:
Clerk of the City Commission
Finally passed and adopted by the Commission of the City of Bozeman at a regular
session thereof held on the
day of
1981.
MAYOR
ATTEST:
Clerk of the City Commission
NOTICE
HEARING, FINAL ADOPTION OF COMMISSION RESOLUTION NO. 2381,
LEVYING AND ASSESSING SPECIAL IMPROVEMENT DISTRICT NO. 629,
CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND IN-
STALLATION OF A SANITARY SEWER AND WATER MAIN AND APPURTE-
NANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFI-
CALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH SANITARY
SEWER LATERAL AND THE NECESSARY APPURTENANCES IN THE
UNIVERSITY SQUARE SUBDIVISION, AN EIGHT (8) INCH AND A
SIX (6) INCH WATER LATERAL, FIRE HYDRANTS, VALVES, AND
APPURTENANCES ALL IN THE UNIVERSITY SQUARE SUBDIVISION IN
THE CITY OF BOZEMAN, MONT ANA.
THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER
LA TERALS AN D WATER LATERALS SHALL INCLUDE ALL TRENCH
EXCAVATION AND BACKFILL, BEDDING MATERIAL, INSTALLATION OF
SEWER MAIN, NECESSARY WYES, SERVICE LINE STUBS, MANHOLES,
WATER LINES, VALVES, HYDRANTS, AND OTHER NECESSARY APPURTE-
N ANCES THERETO.
NOTICE IS HEREB Y GIVEN, that at a regular session of the Commission of the City
of Bozeman, held on the 2nd day of December 1981, Commission Resolution No. 2381 was pro vi-
sionally passed and adopted; that said Commission Resolution levies and assesses against Special
Improvement District No. 629, in said City, a preliminary amount based upon the bond issue
established for said district, and further to provide for the cost and expense of making im-
provements within said District, to wit:
The boundaries of said Special Improvement District No. 629 are described
as follows:
A tract of land consisting of Block 4A-1 of the amended subdivision
plat of portions of Blocks 3 and 4 of Kirk Subdivision No. 4 and Lots
8, 9 and 10, Block 2, Kirk Subdivision No. 4 and portions of that
tract plat in Book of Deeds 147, Page 408 located in the SEi of
COMMISSION RESOLUTION NO. 2381
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Section 11, T2S, R5E, M.P.M., City of Bozeman, Gallatin County,
Montana, being further described as follows:
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Beginning at the southeast corner of Block 4 at a found pin and cap
marked "779ES" located on the southline of Block 4, Kirk Subdivision
No. 4 (basis of bearing), thence South 89054'30" West along the southline
of Block 4 a distance of 705.10 feet to the southwest corner of said
Block 4; thence North 00000'07" East along the eastline of cas No. 113
(right-of-way for 23rd Street) a distance of 590.19 feet to a found pin
and cap located on the southerly right-of-way for Koch Street, thence
South 89059'53" East a distance of 100.79 feet along the south side of
a 60-foot right-of-way for Koch Street, to a found pin and cap; thence
continuing along said right-of-way through a central angle of 50058'36" of
a curve to the left with a radius of 277.97 feet an arc length of 247.31
feet to a found pin and cap; thence continuing along said right-of-way North
39001'31" East a distance of 60.00 feet to a found pin and cap; thence
continuing along said right-of-way through a central angle of 50034'26"
of a curve to the right with a radius of 319.27 feet an arc length of
281. 81 feet to a found pin and cap; thence continuing along said right-
of-way North 89035'57" East a distance of 104.79 feet to a found pin and
cap; thence South 00000'05" West a distance of 598.39 feet to a found pin
and cap located on the Northwest corner of Lot 8, Block 2, Kirk Subdivision
No.4; thence North 89058'14" East, along the north line of Lot 8, a distance
of 120.01 feet to a found pin and cap located on the northeast corner
of said Lot 8; thence South 00000'15" West a distance of 259.07 feet along
the easterly line of Lots 8, 9 and 10, Block 2, Kirk Subdivision No. 4 to
the southeast corner of Lot 10 and a found pin and cap; thence South
89054'30" West a distance of 120.00 feet along the southline of Lot 10 to
the point of beginning.
Said tract contains 12.47 acres, more or less, along with and subject to any
existing easements.
That said Commission Resolution No. 2381 is now on file in the office of the Clerk of
the City Commission, subject to inspection for a period of five (5) days by any persons in-
terested. That Wednesday, the 16th day of December 1981, at 1: 15 o'clock p.m. of said day,
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at a regular session of the Commission of the City of Bozeman, at the Commission Room in the
City Hall Building of said City has been designated as the time and place where the said Com-
mission will hear and pass upon any and all objections that may be made to the final adoption
of said Commission Resolution No. 2381, and the levying of a said preliminary assessment, based
upon the amount of the bond issue, and that said Resolution will finally be passed and adopted
a t the said regular session.
All persons interested are referred to Commission Resolution No. 2265, declaring it
to be the intention of the Commission to create Special Improvement District No. 629, and
Commission Resolution No. 2282, creating Special Improvement District No. 629, for the pur-
pose of construction and installation of a sanitary sewer and water main and appurtenances
to serve the adjoining properties and more specifically described as follows: an eight (8) inch
sanitary sewer lateral and the necessary appurtenances in the University Square Subdivision, an
eight (8) inch and a six (6) inch water lateral, fire hydrants, valves, and appurtenances all
in the University Square Subdivision in the City of Bozeman, Montana.
Dated the 2nd day of December 1981.
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ROBIN L. SULLIVAN
Clerk of the City Commission
COMMISSICN RESOLUTrOO NO. 2381
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State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby
certify that the foregoing Notice in Re No. 2381 was published at length in the Bozeman
Daily Chronicle, a newspaper of general circulation printed and published in said City, in
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the issue dated December 9, 1981, and due proof of such publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office this 21st day of January 1982.
Clerk of the City Commission
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COMMISSION RESQLUTION NO. 2381